There has been much conversation regarding Elon Musk’s time as a “special government employee” in the Trump administration. The Left portrays him as an unelected bureaucrat abusing his power and engaging in illegal and unethical behavior. Many of his opponents have mentioned that as a SGE, he can only serve 130 days, meaning Musk would have to leave by May 30.
However, according to a 2016 report from the Government Accountability Office to the Chairman of the Senate Judiciary Committee, that deadline doesn’t appear to be set in stone.
The position of the Special Government Employee was established by Congress in 1962 to facilitate the hiring of non-government workers for consultative and analytical roles without them being confined to the restrictive rules and regulations required for “regular federal government employees.” SGEs were permitted to serve in various roles in a presidential administration, including positions on “discrete projects or as members of federal advisory committees.” As for employment duration, SGE duties were typically not meant to last “more than 130 days during a 1-year period.”
However, information in the GAO report revealed that possible exceptions can legally be made to extend employment under the SGE title. If the need to remain past the 130 days unexpectedly arises, the report’s details suggest that the SGE is permitted to stay and still be classified as an SGE. It provides the details of a contingency plan if SGEs are needed beyond the aforementioned 130 days.
“Under the executive branch’s longstanding interpretation, while SGEs are expected to serve no more than 130 days in a 1-year period, if an individual was designated a SGE but unexpectedly exceeds the 130 days of service, that person is still considered a SGE for the current year,” read the report.
Furthermore, according to the GAO report, it appears an SGE can serve past 130 days and even be employed “beyond the 1-year period.”
TRACKING WHAT DOGE IS DOING ACROSS THE FEDERAL GOVERNMENT
“If the SGE is to serve beyond the 1-year period, the agency will need to make a new estimate for the following year, and the prior year’s experience will have a bearing on whether the agency reasonably can conclude that the employee is likely to serve no more than 130 days in the next year,” the GAO report noted.
This could very well mean that Musk will not be going anywhere anytime soon. At the very least, there are guidelines in place for SGEs to serve beyond the allotted days. Whether it happens or not remains to be seen. However, to all those concerned with rooting out government waste, shredding a bloated bureaucracy, and identifying the funding of corrupt left-wing initiatives and agendas through government programs, the continued presence of Musk, and more importantly, DOGE, will be a welcomed reality.